General Terms and Conditions

Terms and Conditions for Purchase Contracts Concluded via the Online Shop www.yawend.com (General Terms and Conditions)

§ 1 Scope of Application, Definitions

(1) The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between the operator of the website www.yawend.com, Yasemin Wendt, Grothenpohl 13, 25436 Moorrege, VAT Identification Number: DE 306545975 (hereinafter referred to as “Provider”), and the customer (hereinafter referred to as “Customer”). Deviating general terms and conditions of the purchaser will not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The Customer is considered a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of Contract and Ordering Process, Contract Language

(1) The Customer can select products from the Provider’s range and collect them in a so-called shopping cart by clicking the “add to cart” button. By clicking the “place a binding order” button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and modify the data at any time. However, the offer can only be submitted and transmitted if the Customer accepts these contractual terms by clicking on the “accept General Terms and Conditions” button and thus includes them in their offer.

(2) The Provider will then send the Customer an automatic confirmation of receipt via email, in which the Customer’s order is listed again. The Customer can save and print this email using the “save” function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded when the Provider issues a declaration of acceptance, which is sent in a separate email (order confirmation). In this email, or in a separate email but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the Customer on a durable medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.

(3) The contract is concluded in the German language.

(4) The Customer creates a customer account for ordering a product from the Provider’s range by registering with their email address.

§ 2a Withdrawal Policy

(1) Consumers have a statutory right of withdrawal when concluding a distance selling contract, about which the Provider informs them in accordance with the statutory model below.

Withdrawal Policy

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform Yasemin Wendt, Grothenpohl 13, 25436 Moorrege, 01704534775, info@yawend.com, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form, but its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we are obligated to refund all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), promptly and no later than fourteen days from the day we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the fourteen-day period has expired. You will bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this loss in value is due to handling that was not necessary to ascertain the nature, characteristics, and functioning of the goods.

Model Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it to:
Yasemin Wendt, Grothenpohl 13, 25436 Moorrege, info@yawend.com

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ().

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is submitted in paper form):

Date:

(*) Delete as appropriate.

(2) The right of withdrawal, according to Section 312g (2) of the German Civil Code (BGB), does not apply, among others, to the following contracts:

– Contracts for the delivery of goods that are liable to deteriorate rapidly or whose expiration date would soon be exceeded.

– Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

§ 3 Delivery, Availability of Goods

(1) The delivery times specified by the Provider are calculated from the time of the order confirmation, provided that payment of the purchase price has been made in advance (except in the case of purchase on account, if offered). Unless a different delivery time is specified for the respective product in the online shop, the delivery time is 7 days.

(2) If no copies of the product selected by the Customer are available at the time of the order, the Provider will inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing a declaration of acceptance. In this case, no contract is concluded.

(3) If the product designated in the Customer’s order is only temporarily unavailable, the Provider will also inform the Customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: Delivery of goods to countries outside the EU (with the exception of Switzerland) is not carried out or requires additional arrangements, such as the payment of additional shipping costs by the Customer.

§ 4 Ownership Reservation

The delivered goods remain the property of the Provider until full payment has been made.

§ 5 Prices and Shipping Costs; Failed Delivery

(1) All prices listed on the Provider’s website are stated in euros (€) and include statutory value-added tax. All prices are exclusive of shipping costs. We offer free shipping within Germany for orders over €150, in Austria for orders over €350, in Switzerland for orders over €500, and in the rest of the world for orders over €800.

(2) If a package is returned to the Provider, e.g., due to an invalid address being provided, any costs incurred as a result of reprocessing the order and reshipping shall be borne by the Customer. This does not apply if the Customer is not responsible for the failed delivery.

§ 6 Payment Terms

(1) The Customer may make payment exclusively by advance payment/bank transfer, Klarna, Giropay, Google Pay, Apple Pay, via the payment service provider PayPal, or by credit card. The invoice will be sent to the Customer via email.

(2) The purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, the Customer will be in default by missing the deadline. In this case, the Customer must pay the Provider default interest of 5 percentage points above the base interest rate.

(3) The Customer’s obligation to pay default interest does not preclude the Provider from claiming further damages caused by the default.

§ 7 Liability for Defects, Warranty; Allergies

(1) The Provider is liable for defects in accordance with the applicable statutory provisions, unless otherwise specified below.

(2) If the Provider rectifies the defect through a replacement delivery, the Customer is obligated to return the originally delivered goods to the Provider at the Provider’s expense within 30 days. The return of defective goods must be carried out in accordance with the statutory provisions. The Provider reserves the right to claim damages under the legally regulated conditions.

(3) An additional warranty for the goods delivered by the Provider only exists if it has been expressly stated in the order confirmation for the respective item.

(4) If the Customer proves to have an allergic reaction to a product provided by the Provider, they are entitled to return the opened product. This only applies if the amount of the product used corresponds to the usual quantity for compatibility testing, the allergic reaction is documented photographically, and it is substantiated by a medical report or a cosmetic assessment. The Customer must provide all relevant documentation to the Provider when requesting a return.

§ 8 Liability

(1) Claims for damages by the Customer are excluded. This does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the Provider is only liable for contractually typical and foreseeable damages if they were caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, body, or health.

(3) The limitations of liability in paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The liability limitations arising from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the condition of the goods. The same applies if the Provider and the Customer have reached an agreement regarding the condition of the goods. The provisions of the Product Liability Act remain unaffected.

§ 9 Collection, Processing, and Use of Personal Data

When using the YAWEND® website and the YAWEND® online shop, we collect certain data, including personal data. Details regarding this can be found in our Privacy Policy.

§ 10 Final Provisions, Online Dispute Resolution

(1) Contracts between the Provider and the Customer are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions limiting the choice of law and the applicability of mandatory provisions, particularly of the country in which the Customer, as a consumer, has their habitual residence, remain unaffected.

(2) The contract remains binding in its remaining parts, even if individual provisions are legally invalid. In place of the invalid provisions, the applicable statutory regulations shall apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the entire contract shall become invalid.

(3) Dispute Resolution: The EU Commission has created an internet platform for the online resolution of disputes (“OS Platform”). The platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase agreements. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Version of the General Terms and Conditions: 10.01.2024